August 22, 2014

Advertisement

August 22, 2014

August 21, 2014

August 20, 2014

August 19, 2014

D.C. Circuit Refuses To Enforce Board’s Bargaining Order, Finds Lawful Impasse

The D.C. Circuit Court on Tuesday reversed a decision by the NLRB which had found that Erie Brush & Manufacturing Corp. had unlawfully declared impasse and refused to bargain with SEIU. The D.C. Circuit found that while the employer and the union were only in disagreement on two issues – union security and arbitration of grievances – this was enough to put the parties at impasse, noting that “impasse on a single critical issue can create an impasse on the entire agreement.”  The Court held that the fact that the union had mentioned mediation as a possibility was not enough to support a finding of no impasse, quoting the NLRB dissent – “the mere invocation of mediation does not somehow magically ward off a deadlock.”  Therefore, the employer did not violate the law by refusing to bargain with the union.

The case is Erie Brush & Manufacturing Corp. v. NLRB, No. 11-1337 (D.C. Cir. Nov. 27, 2012), available on the D.C. Circuit’s website here.

© 2014 BARNES & THORNBURG LLP

TRENDING LEGAL ANALYSIS